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Emergency prohibited steps order against me

43 replies

veryworriedprohibitedsteps · 28/10/2011 17:20

Can anyone help please?

I am in the process of divorcing my husband. We have a 4.5 year old daughter. I am planning to move into a 2 bed flat next week with her, but my husband told me I am not allowed to take her with me. He is extremely controlling. I have just issued divorce proceedings. Yesterday his solicitor wrote to mine to say that he wants shared residence. My solicitor wrote back today to say that because he's never looked after her, eg never bathed her, put her to bed or any other parenting tasks, and left it all to me, that I don't think he should lhave her overnight but he can have her during the day for a full day each weekend and twice after nursery 3.30 tilll 7pm.

The letter was faxed to them today and I just got a message that my husband's solicitor has got an emergency prohibited steps order without me knowing anything about it and it says I cannot remove my daughter from the house. The court is going to want us both to go back next Thursday.

Help! What should I do? I am getting the keys to the flat on Monday but of course won't leave my daughter so will stay in the house till the court makes up its mind, but what is likely to happen? I can't get in touch with my solicitor, he is in court this afternoon.

OP posts:
belledechocchipcookie · 31/10/2011 11:53

Goodness. Right, you need to abide by the order, no matter how rediculous it seems. Thursday isn't too long to wait, it's just a few days. Was the ps to stop you literally leaving the house or moving out?Low self esteem and feelings of worthlessness does not indicate that anyone is 'mad', hopefully the judge will see through this all. Stay strong.

STIDW · 31/10/2011 11:56

You just need to wait for the outcome on Thursday. If the move is only 5 minutes away you could think of proposals to move towards overnight contact.

balia · 31/10/2011 19:35

To stop YOU leaving the house or to stop you leaving the house with your DD?

mumblechum1 · 01/11/2011 14:15

I think the OP means to stop her leaving with the dd. Difficult situation.

mjlovesscareypants · 01/11/2011 14:25

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Message withdrawn

mumblechum1 · 01/11/2011 14:49

To be fair to the OPs solicitor, they probably did advise her to allow overnight contact but she may have instructed them otherwise.

mjlovesscareypants · 01/11/2011 15:34

This reply has been deleted

Message withdrawn

STIDW · 01/11/2011 18:41

It's important to remember every case is different and separation anxiety when children are anxious when their main carer leaves but settle after 10 minutes so is very different from the insecurities some children may feel when their parents separate. In their eyes one parent has left them and they may cling to the other parent because they feel insecure and fear that parent might leave them too. In those circumstances it can be counterproductive starting overnights immediately and it isn't unreasonable to allow children a few weeks to readjust so that overnight contact is a positive experience for them.

Even if a child is clingy regular contact in those first few weeks is very important to reassure the child that the parent who has left still loves them and hasn't abandoned them.

balia · 02/11/2011 18:32

But OP isn't saying no overnights until things are settled because the child is clingy, is she? She's saying no overnights because the H hasn't been a proper father and done the parenting tasks. Suggesting a child-centred schedule might be more reasonable; ATM it would be easy (for her H's sol) to put her overnight 'ban' down to financial/revenge motives, as he would have to do far more 'parenting' during a full day than say, a midweek overnight when the DC would be asleep for a greater part of the time.

Thinking of you for tomorrow, though, OP, not an easy time for anyone. Good Luck and let us know how it went.

babybarrister · 05/11/2011 09:14

This reply has been deleted

Message withdrawn at poster's request.

babybarrister · 13/11/2011 21:33

This reply has been deleted

Message withdrawn at poster's request.

ChocHobNob · 14/11/2011 14:04

My partner's child's Mother said the exactly same thing. The child cries for her in the night, she has to be there to put her to bed and when she wakes, he hasn't done any routine with her. Second court appearance, after 2 failed mediation sessions, overnights were ordered straight away. His child has never cried when at ours, in fact is very settled when with us.

Cantstandliars · 04/05/2015 21:45

thats just happened to my daughter 4 weeks, till a court hearing, stop panicking go to court get a solicitor, tell the judge your daughter will be going to school soon therefore he can have fortnightly contact over night if need be, your daughter is settled with you she has a routine you are happy to encourage contact, and though it make take a couple of weeks till she settles with him , once a fortnight, you need family time with your daughter not just school time, and look at it like this you get a little break, the court have only heard his version of events so stop panicking the judge can't stop you moving out, there not stupid. Good luck

titchy · 04/05/2015 21:48

Cantstand this is a four year old thread.....

Icimoi · 05/05/2015 21:43

How on earth do people find these ancient threads?

LadySybilLikesSloeGin · 05/05/2015 21:47

Google.

App003 · 11/03/2018 17:00

Dear All,
I would like to know if someone has experienced the similar situation and what measures you have taken to protect the child.
Situation: my married partner wants to go back home country to live with parents and threatening me to take away the 6 years old child.
And now we are planning to travel to home country to meet grandparents on easter holidays and my partner is also travelling with us.
Question: How and what measures I should take that child will come back to home country and will not be abducted?
Can my partner file for divorce in home country and take my child away and stay there?
Kindly advise urgently what should I to travel to home country without causing any problem to child or getting into issue way back in home country.

Many Thanks in advance
Rgds,
A

Collaborate · 11/03/2018 17:27

this is a zombie thread. You need to start your own.

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